California PC 278 Child Abduction

Example:

Simon, an eleven-year-old boy befriended his neighbor, forty-year-old Ian. Ian was a registered sex offender and Simon’s parents were aware of Ian’s criminal history. Ian convinced Simon to go with him from San Diego to Los Angeles for the weekend. He would bring him to Knotts Berry Farm and Six Flags Magic Mountain. Once Simon got home from school on Friday, he packed some clothes and left a note for his parents. Once they were home from work they found the note stating where he had gone and who he was with. They immediately reported Simon as abducted by Ian.

Just because Simon agreed to go with him does not mean Ian had the right to take him for the weekend. Not only did Ian fail to get parental permission, but the parents had more cause to worry because of Ian’s criminal background history. Ian could face felony PC 278, child abduction charges which would carry enhanced penalties depending on the severity of his previous criminal offenses.

Example:

Simon, an eleven-year-old boy befriended his neighbor, forty-year-old Ian. Ian was a registered sex offender and Simon’s parents were aware of Ian’s criminal history. Ian convinced Simon to go with him from San Diego to Los Angeles for the weekend. He would bring him to Knotts Berry Farm and Six Flags Magic Mountain. Once Simon got home from school on Friday, he packed some clothes and left a note for his parents. Once they were home from work they found the note stating where he had gone and who he was with. They immediately reported Simon as abducted by Ian.

Just because Simon agreed to go with him does not mean Ian had the right to take him for the weekend. Not only did Ian fail to get parental permission, but the parents had more cause to worry because of Ian’s criminal background history. Ian could face felony PC 278, child abduction charges which would carry enhanced penalties depending on the severity of his previous criminal offenses.

Felony Crimes under the “Three Strikes Law” –

This is just a shortlist of serious and violent crimes that, if convicted, will result in a strike on one’s criminal record.

• Aggravated assault

• Arson

• Attempted Murder

• Carjacking

• Extortion

• Kidnapping

• Murder or voluntary manslaughter

• Rape

You commit this crime by moving another person a substantial distance without their consent, and you employed force or fear to do it.

This crime is committed when you illegally violate someone else’s physical liberty by unlawfully confining, detaining, or restraining them without their consent.

This happens when you cause a minor to engage in illegal or delinquent behavior, be habitually truant, or become a dependent of the juvenile court system because of your actions or due to a failure of performing your duties (failure to act).

Domestic Violence covers penal codes ranging from corporal punishment on a spouse to child abuse and elderly abuse. It is not uncommon for child abduction cases that involve family members to revolve around or stem from a domestic violence situation or custody battle.

Imposing corporal injury on an infant/child/minor is a crime under PC 273(d). This statute makes it a crime to exact physical injury or cruel/unusual punishment on a minor.

Elements of the Crime

• Someone who does not have the right to custody,

  • The right to/of custody means this person did not have lawful custodial rights.

• Acted with malice to take a child away, and

  • Under this law, acting with malice means the perpetrator annoyed, defrauded, exhibited disturbing behavior, or injured another person.

    • Examples of maliciously stealing a child include enticing (a child to go with you) and keeping, withholding, hiding, or concealing the child.

  • Anyone under the age of 18 is considered a child or minor under California law.

• Had the intent to keep the child from their legal guardians.

  • Acting with intent means the perpetrator acted purposely to keep the child detained or hidden from their parents.

  • A parent or legal guardian who has the right to exercise physical care and control of the child is known as the lawful custodian of that child.

Example 1:

Upset with his ex-wife for winning the custody battle, Nathan takes his two infant children onto a plane and flies to Canada. He did not have full-custodial rights to take them. According to the parenting plan, neither parent could take the child across state lines, let alone across the border without each one’s written or recorded consent. He intended to raise the children on his own and completely exclude their mother.

Nathan could face charges for child abduction under PC 278. Not only did he violate the parental plan, which was approved by the family court, but he also purposely acted to keep the children from their lawful custodian.

Example 2:

Ariel does not have full custody of her three children. She is only allowed to have them every weekend. When she finds out her ex-husband has a girlfriend, she asks the kids if they want to go to a secluded cabin in a different county without telling their dad. They agreed because they wanted more time with their mother.

Ariel could still face charges for PC 278 because she violated the terms of the custody agreement and did not have the consent of the children’s main/full-time lawful guardian. Even though the children consented and expressed their interest in spending more time with her, she would still need the permission of her ex-husband. Especially if she were planning on keeping them longer than a weekend or traveling out of the city with them.

Example 3:

Everett got to have his twin 10-year-old nephews for the summer. He also loved traveling overseas. He grew attached to them and asked if they wanted to go to Italy with him. Excited, they agreed and went with him. Everett did not tell their parents, nor did her care. He felt he could offer them a better life and made the executive decision to keep them.

Just because the kids agreed did not give Uncle Everett the right to keep them. He is not the parent and has no legal custodial rights. He could be charged with PC 278, child abduction.

Example 4:

Mona had weekend (Saturday and Sunday) custody of her 8-year-old son. Janette, her ex-girlfriend, had full custody. When Mona found out Janette had a new partner, she refused to transfer her son to Janette’s custody.

This is a prime example of deprivation of custody. Although Mona was allowed to have their son for the weekend, come Monday morning, he would need to be in Janette’s care. Depriving the lawful parent who also has full custody of the child is a chargeable offense.

Example:

Marissa wanted to take her sons to Disneyland for the weekend. She and her ex-husband, Ron, had fifty-fifty custody of the kids. She had the kids Thursday mornings to Sunday afternoons and their dad had them Sunday nights to Thursday mornings. She texted Ron on Saturday morning to let him know where they were going for the weekend. During her time with the kids, she did not need his permission to do anything. They were only required to let each other know.

Ron was upset that she waited until that morning to text him when they were already headed to L.A. He thought it was too last minute and irresponsible planning. He tried to claim she abducted the kids.

Marissa would not be guilty of PC 278, child abduction because she is also a lawful custodial parent. She did not need to run her plans by her ex before she could implement them. A mother would not be guilty of this crime simply for bringing her sons to an amusement park for a few days.

Example:

Tony surprised his nephews with tickets to a Padres vs Mariners baseball game. They were having a rough time because of their parents’ (Cara and Ned) dramatic divorce. It was an away game, which meant he would need to travel from San Diego to Seattle. He thought it was easier to ask for forgiveness than permission from their parents, so he figured he would tell them once they landed in Seattle. He only wanted to spoil his nephews and raise their spirits during their parent’s divorce.

The kids’ parents were livid and Ned never liked his brother-in-law. He felt Cara and Ned were conspiring to keep the kids away from him. So he accused Ned of child abduction. In this case, Tony did not have the right to take the kids to Seattle for a baseball game. However, he would not be guilty of PC 278 because he did not act with malice. He only wanted to cheer up the kids. He also did not intend on concealing them from either parent.

Misdemeanor;

As long as one year in county jail, and/or

Maximum fines of one thousand dollars.

Felony;

A potential four-year state prison sentence, and/or

Fines as high as ten thousand dollars.

Simple kidnapping – Felony;

3, 5, or 8 years in state prison,

Fines as high as ten thousand dollars.

Aggravated kidnapping – Felony;

5, 8, or 11 years in state prison, or

Life in prison without the possibility of parole.

Misdemeanor;

As long as one year in county jail, and/or

Fines of up to one thousand dollars.

Felony;

16 months, 2 or 3 years in county jail.

Misdemeanor;

Up to one year in county jail, and/or

Informal (summary) probation,

Fines as high as two-thousand-five-hundred dollars.

Depending on which specific crime under California’s Domestic Violence laws you committed, you could face either a misdemeanor or felony penalties. Some of the consequences include;

Misdemeanor;

As long as one year in county jail,

Fines up to six thousand dollars.

Mandatory participation in domestic violence classes.

Felony;

2, 3, 4, 5, or 6 years in county jail or state prison, and/or

Up to ten thousand dollars in fines, and

Required enrollment in domestic violence classes.

Misdemeanor;

As long as one year in county jail, and/or

Fines of up to six thousand dollars.

Felony;

2, 4, or 6 years in county jail, and/or

Up to six thousand dollars in fines.

• Gun rights;

  • You could lose the right to acquire, purchase, own, or possess a firearm.

• Immigration status;

  • You could lose your good-standing immigration status which means you would be deported and denied re-entry in the U.S.

• Restraining order;

  • The alleged victim(s) of your crimes could get a protection, stay-away, or restraining order against you. This prevents you from coming within a certain distance of them for an appointed window of time. These orders can also be assigned by the judge, depending on the details of the case and the safety of the alleged victim(s).

• Anger management or batterer’s intervention programs;

  • The court may order you to enroll and participate in classes related to the subject matter. Courses could vary in length from thirty days to three months or longer.

• Victim restitution;

  • In addition to any court fines, the defendant could be required to pay punitive damages to the victim(s). This means the defendant would be responsible for any medical, legal, or wage losses the victim(s) accrued as a result of the crime.

• Civil suits;

  • The victim(s) are within their legal rights to sue or bring a civil suit against the perpetrator. In these suits, they could sue for further compensatory damages related to the crime(s) committed against them.